Digital Brand Builders Pty. Ltd. t/a Forward Thinker Lifestyle
Digital Brand Builders t/a Forward Thinker Lifestyle ABN 54164689294 (“Digital Brand Builders”, “us”, “our” or “we”) owns and operates this Website. By using or accessing this Website you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use this Website.
2.OWNERSHIP OF WEBSITE AND CONTENT
Forward Thinker Lifestyle owns the Website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the Website. The material on this Website is protected by copyright under the laws of Australia and may not be used without written permission by Forward Thinker Lifestyle. No trade mark (whether registered or not) that is displayed on this Website may be used in any way without the prior written permission of Forward Thinker Lifestyle or of the relevant trade mark owner.
Any Prices displayed on the Forward Thinker Lifestyle Website are subject to change without notice. The price of an item once ordered is fixed once the order is accepted by Forward Thinker Lifestyle. Subsequent price changes (either up or down) will not apply to accepted orders. All pricing displayed on the Website is for online purchases only and may not be matched at a physical retail location.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Digital Brand Builders provides this Warranty set out in this clause for its Products that have been purchased in Australia. This Warranty is subject to the Australian Consumer Law. The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the Products to which this Warranty relates.
The Warranty is applicable to all Digital Brand Builders Products, sold through Forward Thinker Lifestyle Website or through any official Forward Thinker Lifestyle physical locations. Customers should read and watch the user guides carefully before assembling and using any Forward Thinker Lifestyle Products. The Products are covered against faults in material and workmanship when used under normal conditions, according to user manuals and technical specifications, for a period of 12 months from the date of dispatch of the Product from Forward Thinker Lifestyle to the customer. Subject to clause 6.1 and 6.2, if a Customer discovers a fault in a Product’s material or workmanship, and Forward Thinker Lifestyle inspect the Product and confirms that it is a fault, then Forward Thinker Lifestyle will replace the Product or faulty part of the Product, or repair the fault if notified within the 24 month Warranty period.
6.1 If there is a major failure with a Product, the Customer is entitled to:
(i) reject the Product and get a refund;
(ii) reject the Product and get an replacement, or one similar in value if reasonably available; or
(iii) obtain compensation for the drop in value of the Product as determined by Forward Thinker Lifestyle in its sole and absolute discretion.
If there is a minor failure with the Product, the Customer is entitled, at the election of Forward Thinker Lifestyle, to:
(i) have the Product repaired or replaced; or
(ii) a refund of the cost of the Product.
In the event of the Customer electing a refund for a major failure, the Product(s) must be returned to Forward Thinker Lifestyle, in their original packaging and condition at the time when the major failure was identified, and inspected by Forward Thinker Lifestyle to confirm the reported major failure of the product. Following confirmation by Forward Thinker Lifestyle of the reported major failure, the refund will be arranged. No refund will be provided to the Customer until the Product(s) are returned to Digital Brand Builders or Forward Thinker Lifestyles’ nominated repair agent and the major failure confirmed.
6.2 To issue a Warranty claim, the Customer will be required to:
(i) return the Product to Forward Thinker Lifestyle or its nominated repair agent in its original packaging;
(ii) present their receipt as proof of purchase; and
(iii) identify the defect in the Product.
Warranty notifications must be made by email to firstname.lastname@example.org
6.3 Forward Thinker Lifestyle will endeavour to pay the reasonable expenses incurred by the Customer as determined by Forward Thinker Lifestyle in its absolute discretion in making a Warranty claim
6.4 Customers are liable for any transportation costs if the Product is not found to be faulty.
6.5 To the extent permitted by law, the following are not covered by Warranty:
(i) failure or defects resulting from improper care or use;
(ii) normal wear and tear including scratches to the pram frame;
(iii) Products purchased second hand or from an unauthorised distributor;
(iv) faulty or incorrect assembly of the Products by the Customer;
(v) installation of a part or accessory not compatible with the Product and/or not manufactured by Forward Thinker Lifestyle;
(vi) tyre punctures;
(vii) any modification or alteration not conducted or authorised by Forward Thinker Lifestyle;
(viii) corrosion or rust on the wheels and chassis due to extreme environmental conditions, including high humidity, salt spray, ice or snow or due to insufficient maintenance;
(ix) accidental or intentional damage, abuse or neglect;
(x) damage to handle bar grips or fabrics as a results as a result of normal handling and daily use;
(xi) airline/transport damage: check your Forward Thinker Lifestyle Product carefully after it has been handled by the airline (or other transporters) and if required, submit your claim directly to your travel insurer/ airline;
(xii) consumer dissatisfaction with the Product in terms of disliking the fit, weight, functionality, colour or style;
(xiii) if the serial number has been damaged or removed; and
(xiv) when the Product has not been used for normal use and in accordance with the manufacturer’s instructions
6.6 Warranties do not apply where the Products are acquired for rental, hire or other commercial purpose.
7. DISPATCHING YOUR ORDER
Provided your items are in-stock and payment has been received we will dispatch your order from our warehouse within seven (7) business days. Products will generally arrive within five to ten (5-10) business days to metropolitan regions depending on Product availability. If an item is out of stock we will back order it for you.
If Products are to be delivered to a Customer, any period or date for Delivery stated by Forward Thinker Lifestyle is intended as an estimate only and is not a contractual commitment. Forward Thinker Lifestyle will use its best endeavours to meet any estimated Delivery dates but Forward Thinker Lifestyle will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated Delivery date.
Forward Thinker Lifestyle suggest Customers request Delivery to an address where the Delivery can be signed for during business hours. Forward Thinker Lifestyle do not deliver to Post Office boxes. Forward Thinker Lifestyle currently only deliver within Australia.
Forward Thinker Lifestyle will not be liable for any delay in Delivery of the Products, or any failure or inability to Deliver the Products within a particular time frame. Forward Thinker Lifestyle reserves the right to amend Delivery methods without notice.
Forward Thinker Lifestyle shipping costs will only cover one (1) Delivery attempt; it’s the Customer responsibility to provide a Delivery address that will be attended at the time of Delivery. The Customer is responsible for paying all additional Delivery costs as charged by the Delivery company to Forward Thinker Lifestyle before receiving additional Delivery attempts.
All copyright in the materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) are owned by Forward Thinker Lifestyle. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these Terms and Conditions or as is reasonably contemplated by, the normal use of the service, You may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the materials; or (b) commercialise the whole or any part of the materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
9. PUBLIC STATEMENTS
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Forward Thinker Lifestyle without our prior written permission.
10. FORWARD THINKER LIFESTYLE WEBSITE
When transmitting personal information from your computer to the Forward Thinker Lifestyle Website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, Forward Thinker Lifestyle will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.
The Forward Thinker Lifestyle Website may use “cookies” to help personalise your online experience and save you time. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Forward Thinker Lifestyle Website.
Forward Thinker Lifestyle provides this Website and its contents on an “as is” basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this Website. Forward Thinker Lifestyle will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this Website.
12.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
12.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Forward Thinker Lifestyle liabilities under those provisions:
(i) you acknowledge that the Website is provided “as is” and that we do not make any Warranty or representation as to the suitability of the Website or a Product for any purpose;
(ii) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(iii) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
12.3 The Customer is solely responsible for making an assessment that any Product is reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.
12.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
12.5 To the extent permitted by law, Forward Thinker Lifestyle shall not be liable for any indirect or consequential damage, losses or expenses suffered or incurred by the Customer, howsoever caused.
12. REFUND POLICY
A Customer who purchases through the Forward Thinker Lifestyle Website or via phone order and is dissatisfied with the Product can request a full refund of the purchase price (excluding shipping costs) provided that they notify Forward Thinker Lifestyle of their intention to return the Product and seek a refund within 14 days from the date of Delivery of the Product to the Customer. Refund notifications must be made by email to email@example.com The following additional conditions apply to returns of Products made by a Customer in accordance with this clause:
(i) this return and refund offer is limited to one (1) product per Customer (including their spouses, partners and blood and adopted family relatives);
(ii) this return and refund offer only applies to purchases made through the Forward Thinker Lifestyle Website and phone orders, it does not apply to purchases of Forward Thinker Lifestyle Products from Forward Thinker Lifestyle retail outlets, including Forward Thinker Lifestyle pop-up stores, or other third parties, such as retailers, distributors or on sellers;
(iii) this return and refund offer does not apply to purchases made at a Forward Thinker Lifestyle demonstration day, and any shows/events where Forward Thinker Lifestyle has a stand including but not limited to,
(iv) the Product must be returned to Forward Thinker Lifestyle repacked as originally delivered in its full packaging and shipping carton. This includes all plastic and cardboard fillers that are used to protect and stabilise the Product within the packaging during Delivery. Failure to repack the Product as originally delivered without all fillers and packaging within the carton may forfeit the Customer’s refund;
(v) where, upon examination and testing of the returned Product by Forward Thinker Lifestyle, it is found that the Product has been damaged, marked, scratched, misused, or is not in an ‘as new’ condition then, unless such condition or state of the Product was caused by Forward Thinker Lifestyle or its courier or Delivery agent, Forward Thinker Lifestyle shall be under no obligation to provide a refund to the Customer. A partial or full refund to the Customer on return of a Product in such circumstances will be at the sole and unfettered discretion of Forward Thinker Lifestyle;
(vi) if Forward Thinker Lifestyle deems the Product to have been damaged, marked, scratched, misused, or is not in an ‘as new’ condition, and the Customer requests for the return of the original Product, then the Customer will be deemed liable for all transport costs incurred, including the initial return freight of the Product to Forward Thinker Lifestyle and resending the Product to the Customer;
(vii) the Customer is responsible for returning the product to Forward Thinker Lifestyle, as well as all costs incurred in the returns process;
(viii) the Customer must be available to return the Product to Forward Thinker Lifestyle, or Forward Thinker Lifestyle courier or Delivery agent, on a business day (ie. not public holiday or weekend) that Forward Thinker Lifestyle nominate (between the hours of 8am to 5.30pm) and within five (5) business days after they have notified Forward Thinker Lifestyle in writing of their intention to return the Product;
(ix) Forward Thinker Lifestyle reserves the right to revoke this return and refund offer at any time. In the event that Forward Thinker Lifestyle does revoke this offer, then this offer will only be available to Customers who have purchased a Product prior to the date of the offer being revoked and who have satisfied all other conditions necessary to be entitled to rely on the offer, as are set out in this clause. A Customer who purchases a Product after this offer has been revoked, shall not be entitled to rely on the offer made by any previous and superseded Terms and Conditions which may have contained this offer;
(x) the policy applies only for Customers in Australia;
(xi) refunds are payed via credit card refund or direct deposit, and once approved by Forward Thinker Lifestyle, can take up to 5-10 business days; and
(xii) for the purposes of determining the 14 day period for the return of a Product, the date of Delivery shall be taken to be the date that the courier or Delivery agent engaged by Forward Thinker Lifestyle delivers the Product to the shipping / Delivery address requested by the Customer.
(xiii) the full refund amount excludes all shipping costs incurred to the customer; and is equal to the amount paid for the goods only.
Forward Thinker Lifestyle Refund Policy shall be subject to the requirements of the Australian Consumer Law, and where applicable shall be modified to the extent necessary to comply with the Australian Consumer Law and shall be supplemented where necessary to provide any additional rights and obligations upon Forward Thinker Lifestyle and the Customer where necessary to comply with the Australian Consumer Law.
13. CANCELLING AN ORDER
Forward Thinker Lifestyle may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(i) the Products in that order are not available;
(ii) there is an error in the price or the Product description posted on the Website for the Product in that order; or
(iii) your order has been placed in breach of these Terms and Conditions.
14. FORCE MAJEURE
To the extent permitted by law, Forward Thinker Lifestyle is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Forward Thinker Lifestyle, and Forward Thinker Lifestyle shall be entitled to a reasonable extension of time for the performance of such obligations.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
16.1 This agreement is governed by the laws of Victoria Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these Terms and Conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
16.2 Forward Thinker Lifestyle may amend these Terms and Conditions at any time in whole or in part from time to time without notice and amendments will be effective immediately upon posting the amended version on the Forward Thinker Lifestyle Website. By continuing to place an order for Products, the Customer will be deemed to have accepted the revised terms.
16. PRODUCT DESCRIPTIONS
Forward Thinker Lifestyle attempt to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to Product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
In these Terms:
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.
“Customer” means the individual, organisation or entity that purchases the Product from Digital Brand Builders t/a Forward Thinker Lifestyle.
“Delivery” or “delivered” means the time when the Products are transported from the premises of Forward Thinker Lifestyle or its Agent and delivered to the Customer by whatever means or when Forward Thinker Lifestyle advises the Customer the Product is available for collection and the Products are collected by the Customer.
“Product(s)” includes but is not limited to lightweight walkers, mobility aids, parts and accessories provided by Forward Thinker Lifestyle.
Our registered office is 46/107 Wells Road, Chelsea Heights, VIC, 3196